Strata Management (Maintenance And Management) Regulations 2015

FOR OWN REFERENCE ONLY STRATA MANAGEMENT
(MAINTENANCE AND
MANAGEMENT)
REGULATIONS 2015
(SMA 2013 - ACT 757)

2015

P.U. (A) 107

STRATA MANAGEMENT ACT 2013
STRATA MANAGEMENT (MAINTENANCE AND MANAGEMENT) REGULATIONS 2015

_________________________________________
ARRANGEMENT OF REGULATIONS
_________________________________________

PART I
PRELIMINARY

Regulation
1. Citation and commencement
2. Interpretation
3. Prescribed fees
4. Forms
5. By-laws

PART II
DEALINGS IN BUILDING OR LAND INTENDED FOR SUBDIVISION INTO PARCELS

6. Schedule of parcels
7. Amended schedule of parcels
8. Schedules to be signed, etc., by Commissioner

PART III
ASSIGNMENT OF SHARE UNITS WHERE NO SHARE UNITS HAVE BEEN ASSIGNED

9. Allocated share units
10. Allocated share units to be signed, etc., by Commissioner

PART IV
MANAGEMENT BY DEVELOPER BEFORE EXISTENCE OF MANAGEMENT CORPORATION

AND BEFORE ESTABLISHMENT OF JOINT MANAGEMENT BODY

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11. Handing over by developer to joint management body
PART V

MANAGEMENT BY JOINT MANAGEMENT BODY BEFORE ESTABLISHMENT OF
MANAGEMENT CORPORATION

12. First annual general meeting of joint management body
13. Notice of resolution confirming Charges, contribution to the sinking fund and

rate of interest determined by joint management body
14. Certificate of establishment of the joint management body
15. Handing over by joint management body to management corporation

PART VI
MISCELLANEOUS PROVISIONS APPLICABLE BEFORE ESTABLISHMENT OF

MANAGEMENT CORPORATION

16. Moneys collected by developer prior to establishment of joint management body
17. By-laws for developer’s management period and for joint management body
18. Register or parcel owners
19. Certificate of amount payable by parcel owner or prospective purchaser
20. Notice to demand payment of sum due by purchaser or parcel owner
21. Services of any person or agent to maintain and manage common property

PART VII
MANAGEMENT BY DEVELOPER BEFORE FIRST ANNUAL GENERAL MEETING OF

MANAGEMENT CORPORATION

22. Handing over by developer to management corporation

PART VIII
MANAGEMENT AFTER FIRST ANNUAL GENERAL MEETING OF

MANAGEMENT CORPORATION

23. First annual general meeting of management corporation
24. Notice of resolution confirming Charges, contribution to the sinking fund and

rate of interest determined by management corporation

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PART IX
SUBSIDIARY MANAGEMENT CORPORATION AND LIMITED COMMON PROPERTY

25. First annual general meeting of subsidiary management corporation
26. Notice of first annual general meeting of subsidiary management corporation
27. Notice of resolution confirming Charges, contribution to the sinking fund and

rate of interest determined by subsidiary management corporation

PART X
MISCELLANEOUS PROVISIONS APPLICABLE TO MANAGEMENT CORPORATION AND

SUBSIDIARY MANAGEMENT CORPORATION

28. By-laws for management corporation and subsidiary management corporation
29. Strata roll
30. Certificate of amount payable by proprietor or prospective purchaser
31. Notice to demand payment of sum due by proprietor
32. Services of any person or agent to maintain and manage common property

PART XI
PROVISIONS FOR JOINT MANAGEMENT BODY, MANAGEMENT CORPORATION AND

SUBSIDIARY MANAGEMENT CORPORATION

33. Constitution of joint management committee, management committee and
subsidiary management committee

34. Annual general meeting

PART XII
RECOVERY OF SUMS BY ATTACHMENT OF MOVABLE PROPERTY

35. Application for attachment of movable property
36. Inventory after attachment
37. Appointment of auctioneer, reserve price and bids
38. Notice of auction
39. Procedure at the auction

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40. Record and statement of sale
41. Costs of attachment and sale
42. Attachment to cease if sums due are paid

PART XIII
MANAGING AGENT APPOINTED BY COMMISSIONER

43. Management agreement
44. Bond
45. Charges and contribution to the sinking fund during management by managing

agent

PART XIV
DEPOSIT BY DEVELOPER TO RECTIFY DEFECTS ON COMMON PROPERTY

46. Notice by developer of intention to deliver vacant possession
47. Amount of deposit to rectify defects
48. Mode of payment of deposit
49. Bank guarantee
50. Common Property Defects Account
51. Notice to developer to rectify defects
52. Appointment of registered architect, registered engineer, registered quantity

surveyor or registered building surveyor by Commissioner
53. Recovery of expenses by Commissioner
54. Refund of unexpended deposit or further sums

PART XV
INTER-FLOOR LEAKAGE

55. Meaning of inter floor leakage
56. Notice of that parcel affected by inter-floor leakage
57. Inspection of affected parcel
58. Matters to be considered in determining cause of leakage

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59. Certificate of inspection
60. Inter-floor leakage caused by defective workmanship, etc. within the defect

liability period
61. Inter-floor leakage caused by or attributable to a parcel
62. Inter-floor leakage caused by or attributable to common property or limited

common property
63. Access
64. Reference to Commissioner

PART XVI
DAMAGE TO PARTY WALL

65. Meaning of party wall
66. Meaning of damage to a party wall
67. Provisions relating to inter-floor leakage shall apply

PART XVII
ENFORCEMENT

68. Order requiring attendance of any person
69. Order to provide translation

PART XVIII
OFFENCES

70. Aiding and abetting

PART XIX
MISCELLANEOUS

71. Revocation
72. Savings

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FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE

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STRATA MANAGEMENT ACT 2013
STRATA MANAGEMENT (MAINTENANCE AND MANAGEMENT) REGULATIONS 2015

IN exercise of the powers conferred by section 150 of the Strata Management Act 2013
[Act 757], the Minister after consultations with the National Council for Local
Government makes the following regulations:

PART I
PRELIMINARY

Citation and commencement
1. (1) These regulations may be cited as the Strata Management (Maintenance
and Management) Regulations 2015.

(2) These Regulations come into operation on 2 June 2015.

Interpretation
2. In these Regulations–

“Act” means the Strata Management Act 2013 [Act 757];

“Common Property Defects Account” means the separate trust account
which shall be opened and maintained by the Commissioner under
subregulation 50(1);

“Bond” means the bond in Form 12 to be lodged with the joint
management body under subregulation 21(2) or with the management
corporation or the subsidiary management corporation under
subregulation 32(2), as the case may be, or the bond in Form 23 to be lodged with
the Commissioner under subregulation 44(1);

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“Form A” means the warrant of attachment in Form A in the Third
Schedule to the Act;

“Form B” means the notice and inventory in Form B in the Third Schedule
to the Act;

“Strata roll” means the roll to be prepared and maintained under
subsection 72(1) of the Act;

“Director” has the meaning assigned to it in section 4 of the Strata Titles
Act 1985;

“Director of Survey” has the meaning assigned to it in section 4 of the
Strata Titles Act 1985.

Prescribed fees
3. The fees payable under these Regulations shall be as prescribed in the
First Schedule.

Forms
4. The forms referred to in these Regulations are those contained in the
Second Schedule.

By-laws
5. The by-laws referred to in these Regulations are those contained in the
Third Schedule.

PART II
DEALINGS IN BUILDING OR LAND INTENDED FOR SUBDIVISION INTO PARCELS

Schedule of parcels
6. (1) Before a developer of any building or land intended for subdivision into
parcels sells any parcel or proposed parcel in a development area, the developer shall

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file with the Commissioner a schedule of parcels as required under subsections 6(1) and
6(3) of the Act together with six copies of Form 1 and payment of the prescribed fee.

(2) In the case where the sale of a parcel in any building or land intended for
subdivision in a development area or such sale took place before the commencement of
the Act, the developer shall include in the schedule of parcels and in Form 1, the
building or buildings or land or lands in which a parcel or parcels thereof have been
sold.

(3) If the plans or legend filed with the Commissioner together with Form 1
are altered for the reason that the building plans approved by the local authority are
altered or revised—

(a) due to a requirement of the local authority; or

(b) with the agreement of all purchasers of the parcel in the
development area and such alterations or revisions have been
approved by the local authority;

the developer shall, within thirty days from the date of alteration or revision of the
building plans, or within such extended time as the Commissioner may grant, file with
the Commissioner a revised schedule of parcels together with six copies of Form 1A and
payment of the prescribed fee.

(4) The provisions of subsection 6(3) of the Act shall apply mutatis mutandis to
the revised schedule of parcels filed under subregulation (3).

(5) Any developer who fails to comply with subregulation (2), (3) or (4)
commits an offence and shall, on conviction, be liable to a fine not exceeding fifty
thousand ringgit or to imprisonment for a term not exceeding three years or to both.

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Amended schedule of parcels
7. (1) In the case of any phased development, before the developer sells any
parcels in any provisional block, the developer shall file with the Commissioner an
amended schedule of parcels as required under subsections 6(2) and 6(3) of the Act,
together with six copies of Form 2 and payment of the prescribed fee.

(2) If the plans or legend filed with the Commissioner together with Form 2
are altered or revised for the reason that the building plans approved by the local
authority are altered or revised —

(a) due to a requirement of the local authority; or

(b) with the agreement of all purchasers of parcels of all affected
provisional block in the development area and such alterations or
revisions have been approved by the local authority;

and provided that there is no change in the proposed quantum of provisional share
units for the affected provisional block, the developer shall within thirty days from the
date of alteration or revision of the building plans, or within such extended time as the
Commissioner may grant, file with the Commissioner a revised amended schedule of
parcels together with six copies of Form 2A and payment of the prescribed fee.

(3) The provisions of subsection 6(3) of the Act shall apply mutatis mutandis to
the revised amended schedule of parcels filed under subregulation (2).

(4) Any developer who fails to comply with subregulation (2) or (3) commits an
offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or
to imprisonment for a term not exceeding three years or to both.

Schedules to be signed, etc., by Commissioner
8. After the schedule of parcels, revised schedule of parcels, amended schedule of
parcels or revised amended schedule of parcels, as the case may be, has been filed with

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the Commissioner together with the payment of the prescribed fee, the Commissioner
shall —

(a) sign all six copies of Form 1, Form 1A, Form 2 or Form 2A, as the case may
be, and all six copies of the schedule of parcels, revised schedule of parcels,
amended schedule of parcels or revised amended schedule of parcels, as the
case may be, and return three copies to the developer;

(b) submit one copy of Form 1, Form 1A, Form 2 or Form 2A, as the case may be,
and one copy of the schedule of parcels, revised schedule of parcels,
amended schedule of parcels or revised amended schedule of parcels, as the
case may be, to the Director;

(c) submit one copy of Form 1, Form 1A, Form 2 or Form 2A, as the case may be,
and one copy of the schedule of parcels, revised schedule of parcels,
amended schedule of parcels or revised amended schedule of parcels, as the
case may be, to the Director of Survey; and

(d) keep one copy of Form 1, Form 1A, Form 2 or Form 2A, as the case may be,
and one copy of the schedule of parcels, revised schedule of parcels,
amended schedule of parcels or revised amended schedule of parcels, as the
case may be, in the office.

PART III
ASSIGNMENT OF SHARE UNITS WHERE NO SHARE UNITS HAVE BEEN ASSIGNED

Allocated share units
9. (1) Where the sale of a parcel by a developer was made before the
commencement of the Act and no share units have been assigned to each parcel by the
developer’s licensed land surveyors, any person or body who has a duty or is
responsible under Part IV of the Act to maintain or manage any building or land
intended for subdivision into parcels and the common property, shall within ninety
days from the date of commencement of the Act or within such extended time as the

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Commissioner may grant, assign the share units for each parcel in accordance with the
formula set out in the First Schedule to the Act in Form 3.

(2) Four copies of Form 3 shall be filed with the Commissioner together with
payment of the prescribed fee.

(3) If the person or body mentioned in subregulation (1) fails to assign the share
units for each parcel or if any purchaser is not satisfied with the assignment of share
units to his parcel, the Commissioner shall appoint any other person or body to assign
the share units for each parcel in accordance with the formula set out in the First
Schedule to the Act.

(4) The person or body appointed under subregulation (3) shall, within ninety
days from the date of his appointment or within such extended time as the
Commissioner may grant, file with the Commissioner the assignment of share units for
each parcel in Form 3 together with payment of the prescribed fee, and–

(a) in the case where the person or body who has the duty or is so
responsible had failed to assign the share units for each parcel, the
person or body who has the duty or is so responsible shall pay all
expenses incurred for that purpose by the person or body appointed
under subregulation (3); or

(b) in the case where a purchaser was not satisfied with the assignment of
share units to his parcel and the difference in the share units so
assigned does not exceed ten per cent, the purchaser shall pay all
expenses incurred for that purpose by the person or body appointed
under subregulation (3), and if the difference in the share units so
assigned exceeds ten per cent, the person or body who has the duty or
is so responsible shall pay all expenses incurred for that purpose by the
person or body appointed under subregulation (3).

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(5) In determining the share units to be assigned to each parcel, the person or
body who has the duty or is responsible under subregulation (1) or the person or body
appointed under subregulation (3) may –

(a) rely on information contained in the sale and purchase agreement
between the developer and the purchaser of each parcel;

(b) rely on information contained in the approved building plans relating
to the building or buildings in the development area; or

(c) appoint a licensed land surveyor to carry out a survey of each parcel in
the development area, and the person or body who has the duty or is so
responsible shall pay all expenses incurred for that purpose.

(6) A licensed land surveyor appointed under paragraph (5)(c) or any person
authorised by him shall be given access to each parcel as shall be necessary for him to
carry out the survey of the parcel.

(7) Any person or body who fails to comply with subregulation (1), (2) or (4)
commits an offence and shall, on conviction, be liable to a fine not exceeding fifty
thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(8) Any person who refuses the licensed land surveyor appointed under
paragraph (5)(c) or any person authorised by him access to any parcel for the purpose
of carrying out the survey of a parcel, or obstructs, hinders or delay the licensed land
surveyor or any person authorised by him in effecting such entry for such purpose,
commits an offence and shall, on conviction, be liable to a fine not exceeding fifty
thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Allocated share units to be signed, etc., by Commissioner
10. Upon receipt of Form 3 and payment of the prescribed fee, the Commissioner
shall—

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(a) sign all four copies of Form 3 and return or submit one copy to the person or
body who has the duty or is so responsible;

(b) submit one copy of Form 3 to the Director;

(c) submit one copy of Form 3 to the Director of Survey; and

(d) keep one copy of Form 3.

PART IV
MANAGEMENT BY DEVELOPER BEFORE EXISTENCE OF MANAGEMENT CORPORATION

AND BEFORE ESTABLISHMENT OF JOINT MANAGEMENT BODY

Handing over by developer to joint management body
11. The handing over by the developer to the joint management body under
subsection 15(1) of the Act shall be with Form 4.

PART V
MANAGEMENT BY JOINT MANAGEMENT BODY BEFORE ESTABLISHMENT OF

MANAGEMENT CORPORATION

First annual general meeting of joint management body
12. (1) The written notice of the first annual general meeting of the joint
management body to be given by the developer to all purchasers and a copy of such
written notice to be displayed at a conspicuous part of the development area under
subsection 18(3) of the Act shall be in Form 5.

(2) If any purchaser, not less than seven days before the time for holding the
first annual general meeting, gives a notice in writing to the developer requiring the
inclusion of a motion in the agenda of the first annual general meeting, the developer
shall give notice of the motion to all purchasers and a copy of the notice of the motion
shall be displayed on the notice board of the development area at a conspicuous part of
the development area.

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Notice of resolution confirming Charges, contribution to the sinking fund and rate
of interest determined by joint management body
13. Within twenty-eight days after each general meeting of the joint management
body at which the Charges are confirmed or varied, the joint management body shall
issue a notice in Form 5A to all purchasers to inform the purchasers of the amount of
Charges, contribution to the sinking fund and the rate of interest in respect of any late
payment imposed by the joint management body in that annual general meeting and a
copy of Form 5A shall be displayed on the notice board of the joint management body at
a conspicuous part of the development area.

Certificate of establishment of the joint management body
14. Upon an application by the joint management body, the Commissioner may issue
a certificate under subsection 20(2) of the Act in Form 6.

Handing over by joint management body to management corporation
15. The handing over by the joint management body to the management corporation
under subsection 27(2) of the Act shall be with Form 7.

PART VI
MISCELLANEOUS PROVISIONS APPLICABLE BEFORE ESTABLISHMENT OF

MANAGEMENT CORPORATION

Moneys collected by developer prior to establishment of joint management body
16. Any developer of a development area which has been completed before the
commencement of the Act, but for which a management corporation has not been
established shall, not later than six months following the establishment of the joint
management body, submit an audited accounts as required under subsection 29(1) of
the Act to the Commissioner in Form 8.

By-laws for developer’s management period and for joint management body
17. The by-laws having effect in relation to every building or land intended for
subdivision into parcels and common property and which shall bind the developer and
the purchasers during the developer’s management period and the joint management

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body and all parcel owners constituting the joint management body are as set out in the
Third Schedule.

Register of parcel owners
18. The register of parcel owners to be prepared and maintained by the developer
during the developer’s management period or by the joint management body under
subsection 30(1) of the Act, as the case may be, shall be in Form 9.

Certificate of amount payable by parcel owner or prospective purchaser
19. (1) Upon application by or on behalf of any person specified in section 31 of the
Act, and on receipt of the prescribed fee, the developer or the joint management body,
as the case may be, shall within twenty-one days, issue a certificate containing the
information prescribed under section 31 of the Act in Form 10.

(2) Any developer or joint management body who fails to comply with
subregulation (1) commits an offence and shall, on conviction, be liable to a fine not
exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three
years or to both.

Notice to demand payment of sum due by purchaser or parcel owner
20. Any written notice demanding payment of any sum due by a purchaser or parcel
owner which is required to be served under subsection 34(1) of the Act shall be in
Form 11.

Services of any person or agent to maintain and manage common property
21. (1) If a joint management body shall employ or arrange and secure the services
of any person or agent to undertake the maintenance and management of the common
property of the building or lands intended for subdivision into parcels under paragraph
21(2)(f) of the Act, the joint management body shall enter into a management
agreement with such person or agent.

(2) If the person or agent is not a registered property manager, he shall not act
to undertake such maintenance and management of the common property unless he has

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lodged with the joint management body a bond in Form 12 to be given by a bank,
finance company or insurer.

(3) The amount of the bond shall be a sum that is equivalent to the remuneration
or management fees for a period of twelve months or a sum of fifty thousand ringgit,
whichever is higher.

(4) A copy of the management agreement under subregulation (1) and the bond
under subregulation (2) shall be filed by the joint management body with the
Commissioner together with payment of the prescribed fee within thirty days from the
date of the management agreement or the bond, as the case may be.

(5) Any person who fails to comply with subregulation (1), (2), (3) or (4)
commits an offence and shall, on conviction, be liable to a fine not exceeding fifty
thousand ringgit or to imprisonment for a term not exceeding three years or to both.

PART VII
MANAGEMENT BY DEVELOPER BEFORE FIRST ANNUAL GENERAL MEETING OF

MANAGEMENT CORPORATION

Handing over by developer to management corporation
22. The handing over by the developer to the management corporation under
subsection 55(1) of the Act shall be with Form 13.

PART VIII
MANAGEMENT AFTER FIRST ANNUAL GENERAL MEETING OF

MANAGEMENT CORPORATION

First annual general meeting of management corporation
23. (1) The notice of the first annual general meeting of the management
corporation to be given by the developer to all proprietors and a copy of such written
notice to be displayed at a conspicuous part of the development area under subsection
57(3) of the Act shall be in Form 14.

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(2) If any proprietor, not less than seven days before the time for holding the
first annual general meeting, gives a notice in writing to the developer requiring the
inclusion of a motion in the agenda of the first annual general meeting, the developer
shall give notice of the motion to all proprietors and a copy of the notice of the motion
shall be displayed on the notice board of the management corporation at a conspicuous
part of the development area.

Notice of resolution confirming Charges, contribution to the sinking fund and rate
of interest determined by management corporation
24. Within twenty-eight days after each general meeting of the management
corporation at which the Charges are confirmed or varied, the management corporation
shall issue a notice in Form 15 to all proprietors, including the proprietors of any
provisional block, to inform the proprietors of the amount of Charges, contribution to
the sinking fund and the rate of interest in respect of any late payment imposed by the
management corporation in that general meeting and a copy of Form 15 shall be
displayed on the notice board of the management corporation at a conspicuous part of
the development area.

PART IX
SUBSIDIARY MANAGEMENT CORPORATION AND LIMITED COMMON PROPERTY

First annual general meeting of subsidiary management corporation
25. (1) Within one month after the subsidiary management corporation has been
established under the provisions of the Strata Titles Act 1985, all proprietors who
constitute the subsidiary management corporation shall hold a first annual general
meeting of the subsidiary management corporation which shall be convened by the
management corporation.

(2) If the management corporation fails to convene the first annual general
meeting of the subsidiary management corporation within the period specified in
subregulation (1), the Commissioner may, on the application of any one of the
proprietors who constitute the subsidiary management corporation, appoint any person

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to convene that meeting and the management corporation shall pay all expenses
incurred for that purpose.

(3) Any person or body who fails to comply with subregulation (1), commits an
offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or
to imprisonment for a term not exceeding three years or to both.

Notice of first annual general meeting of subsidiary management corporation
26. (1) A notice of the first annual general meeting of the subsidiary management
corporation shall be given by the management corporation to all proprietors who
constitute the subsidiary management corporation in Form 16 and a copy of such
written notice shall be displayed on the notice board of the management corporation at
a conspicuous part of the development area.

(2) If any of the proprietors who constitutes the subsidiary management
corporation, in not less than seven days before the time for holding the first annual
general meeting, gives a notice in writing to the management corporation requiring the
inclusion of a motion in the agenda of the first annual general meeting, the management
committee shall give notice of the motion to all proprietors who constitute the
subsidiary management corporation and a copy of the notice of the motion shall be
displayed on the notice board of the management corporation at a conspicuous part of
the development area.

Notice of resolution confirming Charges, contribution to the sinking fund and rate
of interest determined by subsidiary management corporation
27. Within twenty-eight days after each general meeting of the subsidiary
management corporation at which the Charges are confirmed or varied, the subsidiary
management corporation shall issue Form 17 to all proprietors who constitute the
subsidiary management corporation to inform the proprietors of the amount of
Charges, contribution to the sinking fund and the rate of interest in respect of any late
payment imposed by the subsidiary management corporation in that annual general
meeting and a copy of Form 17 shall be displayed on the notice board of the subsidiary
management corporation at a conspicuous part of the development area.

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PART X
MISCELLANEOUS PROVISIONS APPLICABLE TO MANAGEMENT CORPORATION AND

SUBSIDIARY MANAGEMENT CORPORATION

By-laws for management corporation and subsidiary management corporation
28. The by-laws having effect in relation to every subdivided building or land and
common property and to bind the management corporation or the subsidiary
management corporation, as the case may be, and to bind all the proprietors
constituting the management corporation or the subsidiary management corporation,
as the case may be, are as set out in the Third Schedule.

Strata roll
29. The strata roll prepared and maintained by the developer during the preliminary
management period or by the management corporation under subsection 72(1) of the
Act shall be in Form 18.

Certificate of amount payable by proprietor or prospective purchaser
30. (1) Upon application by or on behalf of any person specified in section 73 of
the Act, and on receipt of the prescribed fee, the management corporation or the
subsidiary management corporation shall within twenty-one days, issue a certificate
containing the information prescribed under section 73 of the Act in Form 19.

(2) Any management corporation or subsidiary management corporation who
fails to comply with subregulation (1) commits an offence and shall, on conviction, be
liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not
exceeding three years or to both.

Notice to demand payment of sum due by proprietor
31. Any written notice demanding payment of any sum due by a proprietor which is
required to be served under subsection 78(1) of the Act shall be in Form 20.

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Services of any person or agent to maintain and manage common property
32. (1) If a management corporation or subsidiary management corporation shall
employ or arrange and secure the services of any person or agent to undertake the
maintenance and management of the common property of the subdivided building or
lands, under paragraph 59(2)(f) or subsection 64(1) of the Act, the management
corporation or subsidiary management corporation shall enter into a management
agreement with such person or agent.

(2) If the person or agent is not a registered property manager, he shall not act
to undertake such maintenance and management of the common property unless he has
lodged with the management corporation or subsidiary management corporation a
bond in Form 12 to be given by a bank, finance company or insurer.

(3) The amount of the bond shall be a sum that is equivalent to the remuneration
or management fees for a period of twelve months or a sum of fifty thousand ringgit,
whichever is higher.

(4) A copy of the management agreement under subregulation (1) and the bond
under subregulation (2) shall be filed by the management corporation or the subsidiary
management corporation with the Commissioner together with payment of the
prescribed fee within thirty days from the date of the management agreement or the
bond, as the case may be.

(5) Any person or body who fails to comply with subregulation (1), (2), (3) or
(4) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty
thousand ringgit or to imprisonment for a term not exceeding three years or to both.

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PART XI
PROVISIONS FOR JOINT MANAGEMENT BODY, MANAGEMENT CORPORATION AND

SUBSIDIARY MANAGEMENT CORPORATION

Constitution of joint management committee, management committee and
subsidiary management committee
33. For the purposes of subparagraphs 2(7)(c) and 2(9)(c) of the Second Schedule to
the Act, a member of the immediate family of a parcel owner or proprietor means his
spouse, child, adopted child, step-child, sibling and parent.

Annual general meeting
34. (1) A joint management body, management corporation or subsidiary
management corporation, as the case may be, shall hold its annual general meetings in
accordance with subparagraph 10(2) of the Second Schedule to the Act.

(2) If any joint management body, management corporation or subsidiary
management corporation fails to hold any annual general meeting, the joint
management body, the management corporation or the subsidiary management
corporation, as the case may be, commits an offence and shall on conviction, be liable to
a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding
three years or to both.

PART XII
RECOVERY OF SUMS BY ATTACHMENT OF MOVABLE PROPERTY

Application for attachment of movable property
35. (1) To apply for a warrant of attachment in Form A under subsections 35(1) or
79(1) of the Act, the developer, any member of the joint management committee, any
member of the management committee, any member of the subsidiary management
committee or any managing agent appointed by the Commissioner under subsection
86(1) or 91(3) of the Act, as the case may be, shall submit a sworn application in
Form 21.

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(2) Four copies of Form 21 shall be submitted to the Commissioner together
with payment of the prescribed fee.

(3) If the Commissioner decides to issue the warrant of attachment, the
Commissioner shall deliver two signed copies of the warrant of attachment in Form A to
the person or body who made the sworn application and the Commissioner shall state
the name and particulars of the person who shall execute the warrant of attachment.

Inventory after attachment
36. (1) Immediately after the attachment, the person who executed the warrant of
attachment shall prepare an inventory of the movable property attached and shall serve
a notice in Form B on the person who, at the time of the attachment, was or appeared to
be in possession of the property.

(2) If no such person was or appeared to be in such possession, then the notice
in Form B shall be placed in a conspicuous part of such place where the attachment took
place.

(3) All movable property attached shall be kept in the premises or where the
attached movable property are found or elsewhere in the State unless the person who
executed the warrant is of the opinion that such movable property attached should be
kept at a different place for safe keeping or control.

Appointment of auctioneer, reserve price and bids
37. Where any movable property attached under subsection 35(1) or 79(1) of the
Act is to be sold by auction under subsections 35(8) or 79(8) of the Act, the person or
body conducting the auction—

(a) may appoint a licensed auctioneer to conduct the auction;

(b) shall fix a reserved price for the movable property so attached; and

(c) shall only accept any bid that it is not less than such reserved price.

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Notice of auction
38. (1) The person or body conducting the auction shall give not less than seven
days’ public notice before conducting any sale by auction, which states—

(a) the date time and place at which the sale is intended to be held;

(b) particulars of the movable property to be offered for sale; and

(c) the reserve price that has been fixed in respect of any movable
property offered for sale.

(2) A notice shall be deemed to have been adequately given if—

(a) it is displayed on the door of the premises in which the movable
property attached is found, if applicable;

(b) it is displayed in a conspicuous place in the building or in such other
manner as may be approved in writing by the Commissioner; and

(c) deemed fit by the person or body conducting the auction, it has been
published in a newspaper generally read in the place where the sale
is to take place.

(3) With the approval in writing of the Commissioner, the period of notice
provided for in subregulation (1) may be reduced.

(4) All sales by auction shall be held in places open to the general public.

Procedure of the auction
39. (1) The person or body conducting the auction shall obtain at the auction the
highest possible price for the movable property for sale, and shall not dispose of any
such movable property by private treaty except with the consent of the proprietor first.

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(2) Where the reserve price of any movable property has been achieved or is
exceeded then the highest bidder is entitled to be declared the purchaser. When any
movable property is sold at the auction the person or body conducting the auction shall
forthwith audibly declare the name of the actual purchaser. If any dispute arises as to
who is entitled to be declared the purchaser of the movable property, it shall be
auctioned again forthwith.

(3) On payment of the purchase money at the auction, the person or body
conducting the auction shall give a receipt to the successful bidder and the successful
bidder shall be deemed to be the absolute owner of the movable property purchased.

(4) Where movable property is put up for sale by public auction in lots, each lot
shall be deemed to be the subject of a separate contract of sale.

(5) If at the auction no bid is received at all or a bid is received not at the reserve
price or less than the reserve price, the movable property in question shall be
withdrawn from sale, and the Commissioner may—

(a) direct that the movable property be put up for auction on a
subsequent date, either at the same or at a new reserve price, and the
provisions of regulations 35, 36, 37, 38, subregulations 39(1), 39(2),
39(3) and 39(4), and regulation 40 shall apply mutatis mutandis to the
subsequent auction; or

(b) direct that the movable property be returned to the person who, at the
time of attachment, was or appeared to be in possession of the
movable property in question.

(6) If at the subsequent auction, no bid is received at all or a bid is received
not at the reserve price or less than the reserve price, the Commissioner shall withdraw
the movable property in question from the sale by auction and direct that it be returned
to the person who, at the time of attachment, was or appeared to be in possession of the
movable property in question.

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(7) The Commissioner shall not be required to be present at any auction.

Record and statement of sale
40. (1) The person or body conducting the auction shall keep a record of all sums
of money received by him at the auction.

(2) The person or body conducting the auction shall, within seven days after
the sale, serve on the defaulting parcel owner or proprietor, by registered post, a record
and statement in Form 22, which sets out—

(a) the proceeds of sale;

(b) the application of the proceeds of sale in satisfaction of the sum
due, together with the costs of the attachment and sale, except
where subsection 35(10) or 79(10) of the Act applies;

(c) whether there is a surplus or a shortfall in the proceeds of sale;

(d) a list of the movable property attached which have not been sold, if
any;

(e) a notice that if there is a surplus, the defaulting parcel owner or
proprietor is required to collect the surplus from the office stated
in the notice within thirty days after the auction, and that if a claim
is not so made, the surplus shall be paid to the developer or joint
management body or management corporation or subsidiary
management corporation, as advance payment towards Charges
and contribution to the sinking fund;

(f) a notice that if there is movable property attached which have not
been sold, such movable property have been left at the premises or
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the place where the attachment took place, or elsewhere in the
State or if kept at a different place, that the defaulting parcel owner
or proprietor is required to collect them from the different place
stated in the notice within seven days after the auction, and if not
so collected, the defaulting parcel owner or proprietor shall be
liable to pay storage charges specified in the notice, and that such
movable property shall then be dealt with in any manner as
deemed fit by the person or body conducting the auction; and

(g) a notice that if there is a shortfall, it must be paid up immediately
by the defaulting parcel owner or proprietor.

(3) For the purpose of returning or leaving the movable property that has not
been sold under paragraph (2)(f), the person or body conducting the auction shall—

(a) have similar access as that granted for executing a warrant of
attachment under the Act or under these Regulations; and

(b) not be liable for any loss, damage or lost items suffered by any
relevant party.

Costs of attachment and sale
41. The costs of the attachment and sale payable by the defaulting parcel owner or
proprietor to the person or body conducting the auction shall include—

(a) the prescribed fee paid to the Commissioner for filing Form 22;

(b) the expenses for the maintenance of livestock, if any;

(c) the cost of appointing an auctioneer, if any;

(d) the cost of advertisement of the auction, if any;

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(e) where it is necessary to place a watchman to secure or have
custody of the movable property attached, the costs incurred in
hiring the watchman or watchmen;

(f) where it is necessary to keep possession of the movable property
attached, the costs incurred in such custody which may include but
not limited to costs of transportation, insurance, storage and
security; and

(g) a sum of three hundred ringgit or a sum equivalent to three per
cent of the amount due, whichever is higher, as an administrative
charge for having to recover the sums by attachment.

Attachment to cease if sums due are paid
42. If the parcel owner or proprietor, or any tenant, subtenant or occupier, as the case
may be, or any person on his behalf, pays the sums due by the parcel owner or
proprietor together with the costs of the attachment and sale incurred up to date, the
attachment of the property shall cease forthwith and any auction fixed shall be
cancelled.

PART XIII
MANAGING AGENT APPOINTED BY COMMISSIONER

Management agreement
43. (1) At the time of appointment of a managing agent under subsection 86(1)
or 91(3) of the Act, the Commissioner shall specify—

(a) the period of appointment;

(b) the remuneration or fees of the managing agent as agreed upon
between the managing agent and the developer, joint management
body, management corporation or subsidiary management
corporation, as the case may be, with the concurrence of the
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Commissioner, or the amount of remuneration or fees of the
managing agent as determined by the Commissioner under
subregulation (2); and

(c) the amount of bond required to be lodged by the managing agent
with the Commissioner.

(2) If the remuneration or fees of the managing agent could not be agreed
upon between the managing agent and the developer, joint management body,
management corporation or subsidiary management corporation, as the case may be,
the Commissioner shall determine the remuneration or fees of the managing agent
which shall be charged to the maintenance account.

(3) Within fourteen days from the date of appointment, the managing agent
appointed by the Commissioner shall enter into a management agreement with the
developer, joint management body, management corporation or subsidiary
management corporation, as the case may be, in Form 23, and the developer, joint
management body, management corporation or subsidiary management corporation, as
the case may be, shall sign the management agreement within the fourteen days
specified.

(4) If the developer, joint management body, management corporation or
subsidiary management corporation, as the case may be, does not sign the management
agreement in Form 23, the Commissioner may appoint any purchaser, parcel owner or
proprietor, as the case may be, to sign the management agreement on behalf of the
developer, joint management body, management corporation or subsidiary
management corporation, as the case may be.

(5) Any person or body who fails to comply with subregulation (3) or (4)
commits an offence and shall, on conviction, be liable to a fine not exceeding fifty
thousand ringgit or to imprisonment for a term not exceeding three years or to both.

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Bond
44. (1) Any person appointed by the Commissioner as the managing agent shall
lodge with Commissioner a bond in Form 24 which shall be given by any bank, finance
company or insurer before acting as a managing agent.

(2) The amount of the bond shall be determined by the Commissioner at the
time of appointment of the managing agent.

(3) Any managing agent who fails to comply with subregulation (1) commits
an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand
ringgit or to imprisonment for a term not exceeding three years or to both.

Charges and contribution to the sinking fund during management by managing
agent
45. (1) If a managing agent has been appointed by the Commissioner under
subsection 86(1) or 91(3) of the Act and the Charges or contribution to the sinking fund
to be paid by a purchaser, parcel owner or proprietor in respect of his parcel has not
been determined by the developer, joint management body, management corporation
or subsidiary management corporation, as the case may be, for any reason whatsoever,
the amount of the Charges to be paid by a purchaser, parcel owner or proprietor under
the Act shall be determined by the managing agent in proportion to the allocated share
units or share units of each parcel and the amount of contribution to the sinking fund to
be paid shall be a sum equivalent to ten per cent of the Charges.

(2) Any purchaser, parcel owner or proprietor who is not satisfied with the
sums determined by the managing agent under subregulation (1) may apply to the
Commissioner for a review and the Commissioner may—

(a) determine the sum to be paid as the Charges or contribution to the
sinking fund; or

(b) instruct the managing agent to appoint, at the cost and expense of the
developer, joint management body, management corporation or
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subsidiary management corporation, as the case may be, a registered
property manager to recommend the sum payable as the Charges or
contribution to the sinking fund and submit a copy of the registered
property manager’s report to the Commissioner.

(3) Upon receiving the report under subparagraph (2)(b), the Commissioner
shall determine the sum payable as he thinks just and reasonable, and any sum so
determined by the Commissioner shall be deemed to be the sum payable as the Charges
or contribution to the sinking fund.

PART XIV
DEPOSIT BY DEVELOPER TO RECTIFY DEFECTS ON COMMON PROPERTY

Notice by developer of intention to deliver vacant possession
46. (1) A developer shall, within twenty-one days prior to the delivery of vacant
possession of a parcel to a purchaser, give a written notice to the Commissioner of his
intention to deliver vacant possession in Form 25 together with the prescribed fee.

(2) Form 25 shall be accompanied with a certificate of the estimated costs of
construction from the developer’s architect or engineer in charge of the development on
the development area.

(3) For the purpose of subregulation (2), “estimated costs of construction”
means the cost of constructing the development area for the purpose of residential,
commercial or industrial use, or a combination of such uses, and includes financial costs,
overhead costs and all other expenses necessary for the completion thereof but
excludes land cost.

Amount of deposit to rectify defects
47. (1) Upon receipt of Form 25, the Commissioner shall determine the amount
of deposit required to be deposited by the developer under subsection 92(1) of the Act,
which shall not be less than zero point five per cent of the estimated costs of
construction or fifty thousand ringgit, whichever is higher.

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(2) The Commissioner shall notify the developer of the amount of deposit in
Form 26.

Mode of payment of deposit
48. The amount of deposit stated in Form 26 shall be paid by the developer to the
Commissioner, in cash or bank guarantee, upon the developer handing over vacant
possession of a parcel in the development area to a purchaser.

Bank guarantee
49. For the purpose of subsections 92(1) and 92(4) of the Act, any bank guarantee
shall—

(a) be valid for the whole of the defect liability period of the common
property; and

(b) be irrevocable, unconditional and payable on demand.

Common Property Defects Account
50. (1) The Commissioner shall place all deposits or further sums paid in cash
into a separate income bearing trust account known as the Common Property Defects
Account which shall be opened and maintained by the Commissioner with a bank or
financial institution separately from other accounts of the local authority.

(2) The Commissioner shall open and maintain one Common Property
Defects Account in respect of each development area.

(3) The following persons shall be entitled to make a claim against the
Common Property Defects Account during the defect liability period of the common
property―

(a) a purchaser;

(b) a proprietor;

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(c) a joint management body;

(d) a management corporation;

(e) a subsidiary management corporation;

(f) a managing agent appointed by the Commissioner under
subsection 86(1) or 91(1) of the Act; and

(g) any other interested person, with the permission of the
Commissioner.

(4) A claim against the Common Property Defects Account shall be made in
Form 27 together with payment of the prescribed fee.

Notice to developer to rectify defects
51. (1) Upon receipt of Form 27, the Commissioner shall within fourteen days
give a notice to the developer specifying—

(a) the defects of the common property which are required to be
rectified;

(b) the time within which the rectification works shall commence;

(c) the time within which the rectification works shall be completed;
and

(d) that the rectification works shall be carried out with due diligence
to the satisfaction of the Commissioner.

(2) If the developer is unable to complete the rectification works within the
time period specified in the notice, the developer shall at least seven days before the

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expiry of the time period apply to the Commissioner for an extension of time, who may
in his discretion, grant or refuse any extension of time.

Appointment of registered architect, registered engineer, registered quantity
surveyor or registered building surveyor by Commissioner
52. (1) If a notice given to the developer under subregulation 51(1) has not been
complied with by the developer or has not been complied with to the satisfaction of the
Commissioner, the Commissioner may appoint a registered architect, registered
engineer, registered quantity surveyor or registered building surveyor, as the case may
be, for any of the following—

(a) to quantify the works necessary to rectify the defects of the
common property; and

(b) to carry out or cause to be carried out all or any of the rectification
works.

(2) The Commissioner shall give the developer notice of the appointment of
the registered architect, registered engineer, registered quantity surveyor or registered
building surveyor within seven days of such appointment and upon receipt of such
notice, the developer shall not be entitled to carry out or continue with any rectification
works without the written consent of the Commissioner.

Recovery of expenses by Commissioner
53. The Commissioner may recover all expenses reasonably incurred by him in the
exercise of his powers under this Part in relation to the Common Property Defects
Account, and where the cost of the rectification works exceeds the deposit or further
sums paid by the developer, the developer shall pay the shortfall within fourteen days
after receiving a written notice from the Commissioner, failing which the developer
shall pay interest at the rate of ten per cent per annum on a daily basis.

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Refund of unexpended deposit or further sums
54. Any unexpended deposit or further sums deposited with the Commissioner
together with any accrued income thereon, shall be refunded to the developer by the
Commissioner on the expiry of the defect liability period of the common property, or in
the case where a notice to the developer to rectify the defects has been issued by the
Commissioner under subregulation 51(1), upon the completion of the rectification
works to the satisfaction of the Commissioner, whichever is later.

PART XV
INTER-FLOOR LEAKAGE

Meaning of inter-floor leakage
55. (1) For the purpose of this Part, “inter-floor leakage” means any evidence of
dampness, moisture or water penetration—

(a) on the ceiling that forms part of the interior of a parcel, common
property or limited common property, as the case may be; or

(b) on any furnishing material, including plaster, panel or gypsum
board attached, glued, laid or applied to the ceiling that forms part
of the interior of a parcel, common property or limited common
property, as the case may be.

(2) For the purpose of Part XV of these Regulations, a parcel includes an
accessory parcel which is used or intended to be used in conjunction with a parcel.

Notice that a parcel is affected by inter-floor leakage
56. (1) A purchaser, parcel owner or proprietor, whose parcel is affected by an
inter-floor leakage may give notice to —

(a) the developer, during the developer’s management period under
Part IV of the Act or during the preliminary management period
under Part V of the Act;
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(b) the joint management body;

(c) the management corporation; or

(d) the subsidiary management corporation;

as the case may be.

(2) In a case where a managing agent has been appointed by the
Commissioner under subsection 86(1) or 91(3) of the Act, a copy of the notice given to
the managing agent shall be deemed to be a notice given to the developer, the joint
management body, the management corporation or the subsidiary management
corporation, as the case may be, and a copy of the notice shall be extended to the
Commissioner.

Inspection of affected parcel
57. Any developer, joint management body, management corporation or subsidiary
management corporation, or any managing agent appointed by the Commissioner under
subsection 86(1) or 91(3) of the Act, as the case may be, shall as soon as practically
possible, or within seven days from the date of receipt of the notice given under
regulation 56, carry out an inspection of the affected parcel, any other parcel and the
common property or limited common property, to determine—

(a) the cause of the inter-floor leakage; and

(b) the party responsible to rectify any defect that has caused the inter-floor
leakage.

Matters to be considered in determining cause of leakage
58. In determining the cause and the party responsible to rectify any defect, the
following matters shall be taken into consideration—

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(a) the presumption under section 142 of the Act that the defect is within the
parcel above the affected parcel, common property or limited common
property;

(b) any defect in any water meter, water pipe, drainage pipe, sewerage pipe,
gas meter, gas pipe and duct that serves more than one parcel is a defect
of the common property or limited common property;

(c) any defect in any water meter, water pipe, drainage pipe, sewerage pipe,
gas meter, gas pipe and duct that serves only one parcel is a defect of that
parcel, even though the water meter, water pipe, drainage pipe, sewerage
pipe, gas meter, gas pipe and duct may be situated on or embedded in
common property or limited common property or void space above the
ceiling or wall or floor, as the case may be; and

(d) any defect of any parcel, common property or limited common property
during the defect liability period of the parcel or the common property or
the limited common property, as the case may be, which is due to
defective workmanship or materials or that the parcel, common property
or limited common property was not constructed in accordance with the
plans and description approved by the appropriate authority, shall be the
responsibility of the developer.

Certificate of inspection
59. Within five days from the date of completion of inspection of the affected parcel,
any other parcel or the common property or limited common property or within such
extended time as the Commissioner may grant, the developer, joint management body,
management corporation or subsidiary management corporation or any managing
agent appointed by the Commissioner under subsection 86(1) or 91(3) of the Act, as the
case may be, shall issue a certificate of inspection in Form 28 to state the cause of the
inter-floor leakage and the party responsible to rectify it.

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Inter-floor leakage caused by defective workmanship, etc. within the defect
liability period
60. (1) Where the inter-floor leakage occurs within the defect liability period of
the parcel and it is due to defective workmanship or materials or that the parcel was not
constructed in accordance with the plans and description approved by the appropriate
authority, the purchaser, parcel owner or proprietor may make a claim against the
developer pursuant to the sale and purchase agreement made with the developer.

(2) Where the inter-floor leakage occurs within the defect liability period of
the common property or of the limited common property, as the case may be, and it is
due to defective workmanship or materials or that the common property or limited
common property was not constructed in accordance with the plans and description
approved by the appropriate authority, the purchaser, parcel owner or proprietor may
make a claim against the Common Property Defects Account pursuant to
subregulation 50(4).

Inter-floor leakage caused by or attributable to a parcel
61. (1) Where the inter-floor leakage is caused by or is attributable to a parcel or
any part thereof, the purchaser, parcel owner or proprietor of that parcel shall, without
prejudice to his right to seek indemnity from any other party, shall take all necessary
steps and measures to rectify the inter-floor leakage within seven days of receipt of
Form 28.

(2) If he fails to do all the necessary steps mentioned in subregulation 61(1),
the developer, joint management body, management corporation or subsidiary
management corporation or any managing agent appointed by the Commissioner under
subsection 86(1) or 91(3) of the Act, as the case may be, shall immediately take all the
necessary steps and measures to rectify the inter-floor leakage and shall charge and
recover all cost and expense from the party responsible to rectify the inter-floor
leakage.

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Inter-floor leakage caused by or attributable to common property or limited
common property
62. Where the inter-floor leakage is caused by or is attributable to common property
or limited common property and occurs after the defect liability period of the common
property or limited common property, the developer, joint management body,
management corporation, subsidiary management corporation or managing agent
appointed by the Commissioner under subsection 86(1) or 91(3) of the Act, as the case
may be, without prejudice to his right to seek indemnity from any other party, shall take
all necessary steps to rectify the inter-floor leakage within seven days of the date of
issue of Form 28.

Access
63. (1) The person or body carrying out the inspection of the affected parcel or
any other parcel, common property or limited common property under regulation 57 or
in carrying out the works to rectify the inter-floor leakage, shall have access to the
affected parcel, any other parcel, common property or limited common property on
seven days’ written notice.

(2) Any purchaser, parcel owner, proprietor or occupier of the affected parcel
or any other parcel who fails to give access to the affected parcel or any other parcel to
the person or body carrying out the inspection pursuant to subregulation (1) commits
an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand or to
imprisonment for a term not exceeding three years or to both.

(3) The requirement of notice in subregulation (1) shall not be applicable in
any case of emergency, and forcible entry may be effected.

(4) In this regulation, “emergency” includes any matter or circumstance that
materially increases the likelihood of flood or danger to life or property that would
result from inter-floor leakage.

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Reference to Commissioner
64. (1) Any person who is not satisfied with any decision made against him under
any of the regulations in this Part may refer to the Commissioner and the Commissioner
shall determine the cause of the inter-floor leakage and the party responsible to rectify
it.

(2) The Commissioner may appoint a registered architect, registered
engineer, registered quantity surveyor or a registered building surveyor to assist him in
such determination and the cost of such appointment shall be borne by the party
responsible to rectify the inter-floor leakage.

(3) All parties shall comply with any decision made by the Commissioner.

PART XVI
DAMAGE TO PARTY WALL

Meaning of party wall
65. For the purpose of this Part, “a party wall” shall mean a wall that is located
between separate parcels or located between a parcel and the common property or the
limited common property, as the case may be.

Meaning of damage to a party wall
66. For the purposes of this part, “damage to a party wall” shall mean any evidence of
dampness, moisture, water penetration or other damage—

(a) on the wall that forms part of the interior of a parcel, common property or
limited common property, as the case may be; or

(b) on any furnishing material, including plaster, panel or gypsum board
attached, glued, laid or applied to the wall that forms part of the interior of a
parcel, common property or limited common property, as the case may be.

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Provisions relating to inter-floor leakage shall apply
67. In a case where a parcel is affected by damage to a party wall, the provisions of
regulations 55, 56, 57, 58, 59, 60, 61, 62, 63 and 64 shall apply mutatis mutandis.

PART XVII
ENFORCEMENT

Order requiring attendance of any person
68. Any order in writing by the Commissioner or authorized officer to require the
attendance of any person who appears to be acquainted with the facts and
circumstances of the case, under subsection 131(1) of the Act, shall be in Form 29.

Order to provide translation
69. Any requisition orally or in writing by the Commissioner or the authorized officer
to any person to furnish a translation in the national language of any book, register,
document or other record under subsection 134(1) shall be in Form 30.

PART XVIII
OFFENCES

Aiding and abetting
70. Any person who knowingly and wilfully aids, abets, counsels, procures or
commands the commission of any offence under any provision of these Regulations
shall on conviction, be liable to a fine not exceeding fifty thousand ringgit or to a term of
imprisonment not exceeding three years or to both.

PART XIX
MISCELLANEOUS

Revocation
71. Any regulations made under the Building and Common Property (Maintenance
and Management) Act, 2007 are revoked.

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Savings
72. Any Rules under the Strata Titles Act 1985 [Act 318] which provide for
management of buildings and was made by the Minister responsible for matters relating
to land, and in force immediately before the commencement of this Regulations, shall
continue to be in force as if this Regulations had not been made.

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FIRST SCHEDULE
STRATA MANAGEMENT ACT 2013
STRATA MANAGEMENT (MAINTENANCE AND MANAGEMENT) REGULATIONS 2015

[Regulation 3]
PRESCRIBED FEES

No. Subject matter Form Amount of fee (RM)

1 Filing schedule of parcels 1 100.00

2 Filing revised schedule of parcels 1A 500.00

3 Filing amended schedule of parcels 2 100.00

4 Filing revised amended schedule of parcels 2A 100.00

5 Filing allocated share units 3 100.00

6 Filing management agreement under subregulation - 20.00
22(4) or 32(4)

7 Filing of bond 12 or 24 20.00

8 Filing sworn application for warrant of attachment 21 20.00

9 Filing notice of intention by developer to deliver vacant 25 100.00
possession

10 Filing claim against Common Property Defects Account 27 50.00

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SECOND SCHEDULE
STRATA MANAGEMENT ACT 2013

STRATA MANAGEMENT (MAINTENANCE AND MANAGEMENT) REGULATIONS 2015
FORM 1

[Subregulation 6(1)]
FORM TO BE FILED WITH SCHEDULE OF PARCELS
To:
Commissioner of Buildings
[Name of local authority]

Name of developer

Name of development area (Note 1)

Title particulars of development area

Total no. of buildings/blocks in
development area (including buildings in
which parcels have been sold prior to
commencement of Strata Management Act
2013, if any, and including provisional
blocks, if any)(Note 2)

Total no. of provisional blocks (if any)

Particulars of certificate of formula for No:……………………………………………..
assigning share units issued by the Date:………………………………………….

Director of Lands and Mines

Total proposed share units for
development area (including buildings in
which parcels have been sold prior to the
commencement of the Strata Management
Act 2013, if any and including the
proposed quantum of provisional share
units of provisional blocks, if any)(Note 3)

Total proposed quantum of provisional
share units for provisional blocks (if any)

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1. Pursuant to subsection 6(1) of the Strata Management Act 2013 (“the Act”), we
now file with you one set of the schedule of parcels (Note 4) in respect of the
above development area, with the following plan number(s):

JP No:………………………………………………
JP No: ……………………………………………

2. A copy of the certificate of formula for assigning share units issued by the Director
of Lands and Mines is attached.

*3. In the case of any phased development specified under subsection 6(2) of the Act,
we undertake to file with you an amended schedule of parcels, showing the
proposed allocation of the provisional share units among the new parcels in the
provisional block, before we sell any parcel or proposed parcel in any provisional
block.

4. The prescribed fee of RM……………………………………is attached (Cash/Cheque
No………………………).

Dated:…………………………………………………………

…………………………………………………………………….
Signature of director of developer/*authorised signatory
Name:…………………………………………………………..
NRIC No./*Passport No…………………………………
*Designation:……………………………………………….

* delete whichever is not applicable

Note:

(1) For example, “Kondominium Pelangi”.

(2) For example, in a development area comprising 3 buildings, i.e. Building A,
Building B and Building C, the developer has sold all parcels in Building A and
some but not all parcels in Building B, prior to the commencement of the Act, and
Building C is intended to be a phased development, the total number of buildings
in the development area is three. The developer shall file a schedule of parcels
under subsection 6(1) of the Act before he sells any unsold parcels in Building B
(and the schedule of parcels shall include the parcels in Building A). The developer
shall file an amended schedule of parcels under subsection 6(2) of the Act before
he sells any parcel or proposed parcel in Building C.

(3) For example, in a development area comprising 3 buildings, i.e. Building A,
Building B and Building C, the developer has sold all parcels in Building A and
some but not all parcels in Building B, prior to the commencement of the Act, and
Building C is intended to be a phased development, the total proposed share units
for the development area shall include the proposed share units for Building A,
Building B and Building C.
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P.U. (A) 107
(4) Six copies of Form 1 shall be filed and one set of the schedule of parcels shall be

attached to each Form 1. The schedule of parcels shall be prepared in accordance
with the guidelines issued by the Director of Survey and Mapping.

ACKNOWLEDGEMENT OF RECEIPT BY COMMISSIONER OF BUILDINGS
Date of filing of schedule of parcels
Reference no. assigned by Commissioner
to schedule of parcels
Date when copy of schedule of parcels has
been signed by Commissioner and
returned to the developer
Signature and rubber stamp of
Commissioner

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P.U. (A) 107

STRATA MANAGEMENT ACT 2013

STRATA MANAGEMENT (MAINTENANCE AND MANAGEMENT) REGULATIONS 2015
FORM 1A

[Subregulation 6(3)]

FORM TO BE FILED WITH REVISED SCHEDULE OF PARCELS

To:
Commissioner of Buildings
[Name of local authority]

Name of developer
Name of development area (Note 1)
Title particulars of development area
Date of filing schedule of parcels with
Commissioner
Reference no. assigned to the schedule of
parcels

Total no. of buildings/blocks As stated in the schedule of As stated in the revised
(including provisional parcels schedule of parcels (if
applicable)
blocks, if any) No:…………………………………..
Date:……………………………… No:………………………………….
Total no. of provisional Date:…………………………….
blocks (if any)

Particulars of certificate of
formula for assigning share
units issued by the Director

Total proposed share units

for development area
(including the proposed
quantum of provisional
share units of provisional

blocks, if any)

Total proposed quantum of
provisional share units for

provisional blocks (if any)

1. Pursuant to subregulation 6(3) of the Strata Management (Maintenance and
Management) Regulations 2015, we now file with you one set of a revised
schedule of parcels (Note 2) in respect of the above development area, with the
following plan number(s):

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P.U. (A) 107

JP No:………………………………………………

JP No: …………………………………………….

2. A copy of the certificate of formula for assigning share units for the revised
schedule of parcels issued by the Director of Lands and Mines is attached.

*3. In the case of any phased development specified under subsection 6(2) of the
Strata Management Act 2013, we undertake to file with you an amended schedule
of parcels showing the proposed allocation of the provisional share units among
the new parcels in the provisional block, before we sell any parcel or proposed
parcel in any provisional block.

4. The prescribed fee of RM……………………………………is attached (Cash/Cheque
No………………………).

Dated:…………………………………………………………

……………………………………………………………………
Signature of director of developer/*authorised signatory
Name:…………………………………………………………
NRIC No./*Passport No…………………………………
*Designation:………………………………………………

* delete whichever is not applicable

Note:

(1) For example, “Kondominium Pelangi”.

(2) Six copies of Form 1A shall be filed and one set of the revised schedule of parcels
shall be attached to each Form 1A. The revised schedule of parcels shall be
prepared in accordance with the guidelines issued by the Director of Survey and
Mapping.

ACKNOWLEDGEMENT OF RECEIPT BY COMMISSIONER OF BUILDINGS

Date of filing revised schedule of parcels
Reference no. assigned by Commissioner
to revised schedule of parcels
Date when copy of revised schedule of
parcels has been signed by Commissioner
and returned to developer
Signature and rubber stamp of
Commissioner

175

P.U. (A) 107

STRATA MANAGEMENT ACT 2013

STRATA MANAGEMENT (MAINTENANCE AND MANAGEMENT) REGULATIONS 2015
FORM 2

[Subregulation 7(1)]

FORM TO BE FILED WITH AMENDED SCHEDULE OF PARCELS

To:
Commissioner of Buildings
[Name of local authority]

Name of developer No:…………………………………………………
Date:………………………………………………
Name of development area (Note 1)
Title particulars of development area

Date of filing amended schedule of
parcels/*revised schedule of parcel with
Commissioner
Reference no. assigned to the schedule of
parcels/*revised schedule of parcels
No. of provisional blocks stated in schedule
of parcels/*revised schedule of parcels

Particulars of certificate of formula for
assigning share units issued by the
Director of Lands and Mines for the
*schedule of parcels/*revised schedule of
parcels
Proposed quantum of provisional share
units for provisional block(s) in schedule
of parcels/*revised schedule of parcels

1. Pursuant to subsection 6(2) of the Strata Management Act 2013, we now file with
you one set of the amended schedule of parcels (Note 2) showing the proposed

allocation of the provisional share units among the new parcels in the provisional
block(s) specified in the amended schedule of parcels, with the following plan
number(s):

JP No:………………………………………………
JP No: …………………………………………….1

2. A copy of the certificate of formula for assigning share units for the provisional
block (s) issued by the Director of Lands and Mines is attached.

3. The prescribed fee of RM……………………………………is attached (Cash/Cheque
No………………………).

176